A Manhattan federal judge on Friday sided with US Attorney Preet
Bharara, rejecting indicted Assemblyman Eric Stevenson’s claim that he
can’t get a “fair trial” because the lawman publicly singled him out and
said the pol shouldn’t get a government pension if he’s convicted on
bribery charges.
Judge William Pauley III rejected a change-of-venue motion by
Stevenson (D-Bronx) to move his January public-corruption trial outside
the Southern District of New York, which includes Manhattan, The Bronx
and Westchester.
Despite his indictment, which attracted wide media coverage,
Stevenson had claimed Bharara is trying the case “in the court of public
opinion,” referring to bombshell testimony the prosecutor gave in
September to Gov. Cuomo’s Commission to Investigate Public Corruption.
Bharara revealed to the panel that he’s moving forward with plans to
seize the future pensions for Stevenson and state Sen. Malcolm Smith —
if they’re convicted of corruption charges. Smith is also awaiting trial
in a separate case.
Stevenson had claimed Bharara’s remarks, which were prominently
reported by many media outlets, would prevent him from getting an
impartial jury.
But Pauley shot down the claim, saying, “any prejudice . . . by these
limited remarks and prospective news articles could be dealt with by
carefully questioning prospective jurors.”
When asked afterward if he believes he can get a fair trial, a somber
Stevenson said he’d discuss plea-deal options with his lawyer but plans
to go to trial on Jan. 6 because he’s “innocent.”
“I’m not 100 percent pleased with what took place today, so we’ll see
where we go from here,” Stevenson said. “I will continue to pray for
justice.”
Stevenson is accused of accepting more than $20,000 in bribes as part
of an alleged scheme to help four co-defendants open Bronx adult
day-care centers and pass legislation to protect them from competition.